CRIMINAL MISC. BAIL APPLICATION No. 33946 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:49120 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33946 of 2024 Applicant :- Ashutosh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. This bail application has been preferred by the accused-applicant, Ashutosh Pandey, who is involved in Case Crime No. 188 of 2024, under Section 8/20 of N.D.P.S. Act, Police Station- Chandauli, District- Chandauli, Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 63.540 kg of ganja and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. I